Sunday, July 13, 14 at 8:02 PM

1
Conflict of Laws
Barbri Lecture Notes

I. Introduction

1. Nature of the subject
a. Conflict of laws concerns issues that arise from a case/disputes having contact with more than one state/country (sovereign)

2. The scope of the topic
a. Jurisdiction over the person or property
i. When does a ct in one state have jxdn over property or people who are in another state
ii. Not covered in this bc thats covered by civil procedure

b. Choice of Law if a case touches more than one state or country, we have to decide which of those states or countries apply if
the laws are different (if they conflict). Two types of choice of law issues that arise
i. Interstate (and International) Choice of Law
1. When a case touches 2 or more co-equal sovereigns, which of those co-equal sovereigns law applies to the
case? Alabama or GA law apply? AL or French law?
ii. Choosing Between Federal and State Law
1. Covered in civ pro and con law lectures (Erie doctrine and supremacy clause)

c. Recognition of Foreign Judgments
i. If a jdgmt has been entered by a ct in another state or country, what effect will that ct give to that foreign jdgmt?

3. Conflict of Laws on the UBE
a. Only tested on the multistate essay exam
b. So youre only apply general conflicts law, not law of any particular state. Just how its addressed generally in the US

II. Choice of Law (COL) Introduction

1. Introduction to choice of law
a. When a court hears a case that involves parties from or activities in more than one state, and those states laws differ, it must
decide which states law to apply. To make that decision, it generally applies the choice of law doctrine of the state in which the
court sits.
i. Ex: P from AL and D from NC negotiate and enter into a K in GA to be executed in SC
b. All states have a body of law called choice of law doctrine that decides these problems
i. There is no precise set of rules
ii. COL is generally derived from common law
iii. Modern approach is to analyze it analytically

2. How choice of laws issue arise in practice (how does issue come before the ct)
a. P files an action that touches more than one state (parties or events are from more than one state)
b. Laws of the states differ on a given issue, and the parties dispute which law should apply
i. Each party will want the law most favorable to their argument
c. The forum state (where the ct is located) will apply its choice of law doctrine to determine which law governs

3. The Array of Theories
a. Different states use diff approaches/doctrines for deciding COL issues
b. There are 3 prevailing approaches to COL you should know for the bar exam
i. The Vested Rights Approach (First Restatement of Conflict of Laws)
ii. The Interest Analysis Approach
iii. The Most Significant Relationship Approach (Second Restatement)

III. Choice of Law Theories (Analytical Approaches)

1. The Vested Rights Approach (First Restatement)
a. This is the traditional approach and is also known as the territorial approach
i. Was used by every state at one point in time
ii. Still used by 10-15 states
b. The Vested Rights Concept
i. Based on the idea that Law applies only within the physical territorial boundaries
1. Miss laws only apply in Miss and have no effect outside of those boundaries
ii. Rule: apply the law of the place where the parties rights vested
1. Where did they vest? the place where last event occurred that was necessary to create the CoA alleged
2. Look at a map and see where physically where the last event occurred that gave rise to this event and thats
where the parties rights vested

c. The Application (Three Steps)
i. (1) Characterize the Area of Law (e.g. tort, K, prop, family law). Ask:
Sunday, July 13, 14 at 8:02 PM
2
1. (a) What kind of substantive claim is being asserted?
a. Is it a tort claim? K? Prop?
2. (b) Is the particular issue on which the states laws differ one of substance or procedure?

ii. (2) Find the Applicable Choice of Law Rule
1. These help you determine where the last event occurred that gave rise to the action
2. Torts apply the law of the place where the wrong (injury) occurred lex loci delicti
a. The place of the wrong
b. Almost always defined to be the place where the injury occurred
3. Contracts Law of the place where the K was made (or was to be performed)
a. Physical place where K came into existence
b. Sub rule Cts will sometimes apply the law of the place of performance if the issue is re:
performance
4. Procedure Law of the forum

iii. (3) Apply the rule to identify the state whose law governs the issue (Localize the rule)

d. Examples
i. Hypo 1: P and D are in a car accident in State X. P files a negligence action against D in State Y. State X (where the
accident occurred) still adheres to the common law doctrine of contributory negligence while State Y (where the case is
pending) applies a doctrine of comparative negligence. Which law applies in P's lawsuit?
1. Characterization Tort claim. Issue the laws conflict is an issue of substantive tort law, not procedure. So
apply the law of the place of the wrong where the injury occurred
2. Injury was in state X so law of State Xs contrib neg law applies, even though were in a court in state Y
ii. Hypo 2: Same case (accident in State X and lawsuit filed in State Y). D serves interrogatories on P. The rules in State X
(where the accident occurred) provide that a party has 20 days from the date of service to answer interrogatories while
the rules in State Y (where the case is pending) provide that a party has 30 days to answer. When are P's responses to
the interrogatories due?
1. Characterize still a substantive tort claim, but the issue on which the states laws differ is a matter of
procedure, so you apply the law of the forum
2. Localize that rule by applying it, so since were in a court in state Y, state Y applies its own law to the issue
since its a matter of procedure

e. The Problem of Characterization
i. Essential but ambiguous step in the vested rights approach
1. No precise formula for figuring out what area of law it is
ii. Courts have sometimes and can manipulate the characterization to reach a desired choice of law result
iii. If a case or issue can reasonably be characterized two different ways (e.g. tort and K, tort and procedure), note that fact
and apply both rules
1. On exam, if youre dealing with a FP where you could legitimately characterize it as, for example, either tort
or contract, or something else, note that fact, note how it might be characterized, then apply both of the
potentially applicable rules

2. The Interest Analysis (Govt Interest) Approach
a. The Concept
i. Makes COL determination on each issue on which the states laws conflict
ii. Begins with the assumption that the forum will apply its own law, but at the request of a party will examine its policies
and the policies of other affected states to determine whose law should apply
iii. Analyzes the policies behind the conflicting laws to determine the extent to which those states have interests in
applying their law/policies to the case

b. Application
i. (1) I dentify the policies that underlie the conflicting laws
1. Two potentially applicable laws, look at each, and ask what are the policies behind that law? Why did they
pass it? What are they trying to accomplish?
2. This is an imprecise step bc there is no definitive determination a lot of times
3. Could be a fairly creative step bc youre essentially trying to guess at times

ii. (2) I dentify the state interests: determine whether each laws application in the case at hand would serve the policies
that underlie that law,
a. Identify if the state has an interest in having its policy apply to the case at hand given the interstate
context
b. Determine whether each laws application to the case at hand would serve the underlying policies of
each law
2. This inquiry includes a determination whether each states policy extends to the interstate circumstances of
the case
a. i.e. whether each state has a legit interest in having its policy applied to the case
3. That analysis yields one of several results, the first 2 of which are the most important
a. (1) Identify false conflicts apply the law of the only interested state
Sunday, July 13, 14 at 8:02 PM
3
i. The interest analysis might demonstrate we have a false conflict, and if so, apply the law
of the only interested state
ii. If you have 2 states laws, you look at each states law and the policies behind it, and ask
if the state has a legitimate interest in having its law applied.
1. If the application of 1 state will legitimately further its policies and the other
has no legitimate interest in having its policy furthered, then you have a false
conflict the laws conflict but the policies and interests do no so you apply
the law of the interested state
b. (2) Resolve true conflicts apply law of the forum
i. The law of the forum when you have a true conflict.
ii. Look at each state's law and policies, and if the application would further its underlying
policies and would have a legit interest in having its law apply, and each state's law
would frustrate the underlying policy of the other state, simply apply the law of the
forum. Someone's policy gets frustrated; we're the ct, we're not going to frustrate our own
policies, so we're applying our law
c. (3) Disinterested Forum apply either (i) the law that is closest to the forums law (most like
the forum law, or (ii) the better law of the other potentially applicable laws
i. Rationale: in addition to forum, you have at least 2 other laws that could be applicable.
You determine the forum has no interest in having its law applied, so if thats the case
and it doesnt care, then the ct will choose the law most like its, or the one that it deems
the better law
ii. Note: Could also dismiss for forum non-conveins
d. (4) Unprovided-for cases apply forum law
i. Go through interest analysis and it turns out none of the states have a legitimate policy
interest in having their law applied
ii. Rarely happens, but sometimes does
c. Examples
i. Hypo 3 (False Conflict): P and D are both citizens of Michigan. With D driving, they take a short trip to Ontario. D's
insurance company is a Michigan corporation and sells insurance only in Michigan. P and D are in an accident in
Ontario, and P is injured. Assuming that Ontario (where the accident occurred) has a "guest statute" rendering drivers
immune from liability to guests riding in their cars and Michigan (where both parties live) does not, which states law
should apply under government interest analysis?
1. What is the policy behind each states law?
2. Ontario driver is immune from liability from passenger
a. Policy: primary policy is to protect insurance companies from collusive law suits (if I have a
passenger that isnt paying me for the ride, its probably a friend or family member, and if one is
injured they could sue the other knowing that the friend isnt paying but the insurance company is)
b. Policy 2: protecting drivers (class of people) from ungrateful guests
c. Does Ontario have a legitimate interest in applying those policies to the facts of this case? No
i. Ontario has no interest in protecting a MI insurance company doing business in MI
ii. Also has no interest in protecting drivers in MI, esp since MI doesnt have any interest
d. Consequently, Ontario has no legit interest in having its law applied bc it has no legit interest in
having those policies applied to the facts of this case
3. Michigan MI allows for recovery in tort since there is no guest statute
a. ANY TIME YOU HAVE RECOVERY IN TORT, THERE ARE 2 Potential policies:
i. To compensate the victim
ii. To deter the dangerous conduct
b. Does MI have an interest in having those policies applied to this case?
i. Yes. It has an interest in making sure the P is compensated. Why does it have that
interest? It is a MI plaintiff, so thats exactly who MI wants to make sure gets
compensated
4. Ontario has No interest, MI does have an interest, so its a false conflict and thus MI law is applied
ii. Hypo 4 (True Conflict): Jones is domiciled in New York. He travels to Massachusetts to have surgery performed by
Dr. Miller in a Massachusetts hospital. As a result of complications during surgery, Jones dies. Jones's wife, the
executrix of his estate, files a wrongful death action against Dr. Miller alleging that Jones's death was the result of
malpractice. Massachusetts statutorily limits recoveries in wrongful death actions based on medical malpractice to
$50,000. NY has no such limit. Does the liability limit apply to the wrongful death action brought by Jones's wife?
1. Mass policy behind limiting recovery?
a. Several. Protecting a class of actors (doctors). #2 trying to keep malpractice insurance rates down.
b. Mass interest in having those policies applies to this particular case?
i. Yes. The D Dr. lives and practices in MA, who is exactly who they want to protect (MA
Doctors) and the surgery is in MA so MA malpractice premiums are implicated
2. NY policy providing for unlimited recovery?
a. One is to fully compensate tort victims (compensation). Another is to deter tortious conduct
(deterrence).
b. Does NY have an interest in having them applied?
i. Yes. NY wants to compensate tort victims and the victim is a New Yorker.
3. True conflict because application of both laws will serve the states policy but frustrate the other states
policy objective
Sunday, July 13, 14 at 8:02 PM
4
a. Forum simply defaults to its own law
d. Bar exam tip in the absence of a false conflict (whenever both states have an interest), the forum applies its own law

3. The Most Significant Relationship Approach (Second Restatement) majority approach
a. The concept
i. Apply the law of the state which has the most significant relationship to the occurrence or transaction and the parties
b. Application
i. Determine which state has the most significant relationship to the parties, occurrence, transaction by applying the
following controlling principles and relevant contacts
ii. Controlling principles heart of the test set of principles by which we determine which state has the MSR and
therefore which states law applies
1. The needs of the interstate and international judicial system
a. Never comes up so forget about it
2. The relevant policies of the forum [interest analysis]
3. The relevant policies of other interested states and the relative interests of those states in the determination of
the particular issue [interest analysis]
a. This is interest analysis (so is #2) so the R2d incorporates interest analysis in its analysis, but
also gives additional factors
4. The protection of justified expectations
a. ** Sometimes important rarely torts (no expectations, just an accident) but it will be important in
K and corporate issues want to protect justified expectations
5. The basic policies underlying the particular field of law
a. Rarely on bar exam
6. Certainty, predictability, and uniformity of result, and
a. Important bc all things equal we prefer certainty and predictability
7. The ease of determining and applying the law chosen
a. Rarely on exam so dont memorize
iii. In addition to the controlling principles, look at the relevant contacts and use them to identify the state whose law and
policies should be considered
iv. Relevant contacts use the following connecting facts to identify the states whose policies should be considered:
1. Torts
a. places where injury and conduct occurred;
b. place of parties domicile, residence, place of incorporation, and place of business; and
i. The parties home state
c. place where the parties relationship is centered.
2. Contracts
a. Places of contracting, negotiation, and performance;
i. Where these occurred
b. Location of the subject matter of the contract; and
i. Particularly important for land
c. Place of parties domicile, residence, place of incorporation, and place of business.
i. Where the parties are from
v. Default rules the R2d identifies the state which usually has the MSR with respect to particular kinds of issues and
the default rules create a presumption, unless some other state has a more significant relationship based on the
controlling principles
1. 2d Restatement identifies the state that usually has the most significant relationship with respect to various
issues
2. These are usually the same as the first restatement
a. Torts place of injury
b. Contracts place of the control
4. Other Approaches
a. Look at Barbri outline
b. But the above 3 are sufficient for bar exam when you analyze the above 3
5. Federal District Courts
a. Youre in federal court, what do you do? In federal court diversity, by definition the case touches more than one state because the
parties must be diverse
b. In diversity cases apply the COL doctrine of the state where the federal court sits
i. GA Fed Ct, apply GA COL doctrine. N.D. CA apply CA COL doctrine
c. But when a case was filed in one state and transferred to another state, apply the COL doctrine of the transferor court (where
the case was originally filed)
i. Filed in ND GA, transferred to CA, apply GA COL doctrine
6. Array of Theories & The MEE
a. On the MEE, you should apply the general law of conflicts not the particular choice of law doctrine of a particular state
b. Depending on how the question is asked, you should analyze a COL issue using one or all of these approaches:
i. COL Q on the bar exam are usually framed in one of 2 ways:
1. They may tell you in the question which approach the forum state follows
a. In that case, apply the approach noted in the Q
2. They may be silent about the approach followed or ask you to discuss all the approaches
a. In those cases, apply all 3
Sunday, July 13, 14 at 8:02 PM
5
IV. Constitutional Limits on Choice of Law Decisions
Certain aspects of the const limit a states power to determine whose law applies

1. Applicable Const. Provisions
a. Due Process (No state shall deprive any person of life, liberty, or property without due process of law.
i. How does it apply to COL: If someone sues me in court and gets a judgment, the ct is going to be taking my property
ii. So COL violates DP to take my property using the law of a state with which I have no contact
1. Protects the D from unfair surprise from application of a state or country the D has no relationship with
b. Full Faith and Credit Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of
every other state.
i. Note: this reqs every American state to recognize the law of other sister states
1. Applies not only to judgments but also to statutes and common law
ii. Protects the sovereignty of other states -- Each state must give some appropriate recognition to other states
c. How do we apply these to determine whether a given COL decision by a ct is const?
2. Single Modern Test one test applies to determine whether the COL decision of a state is consistent with FF&C and DPC both are
evaluated with 1 test
a. Rule: State whose law is chosen must have a significant contact or aggregation of contacts, creating state interests, such that
choice of its law is neither arbitrary nor fundamentally unfair
i. Contacts that create interests such that the application of that law is not unfair
b. Under this test, application of a given states law is constitutional if:
i. (1) That state has significant contacts with the parties and the occurrence/transaction at issue, and
ii. (2) That state has an interest in the events and the outcome of the action
c. Note: this test permits states to use diff choice of law theories and reach different conclusions about what law should be applied
i. Consequently, very seldom comes into play

V. Choice of Law Doctrine for Specific Areas of Substantive Law

1. Torts more likely on exam than contract
a. First Restatement law of the place of the wrong (injury)
i. First Restatement vested rights approach says apply the place of the injury
b. Second Restatement and Interest Analysis
i. Apply the law that results when you Identify the state having the most significant relationship to the case by:
1. Analyzing the applicable policies and state interests
a. With tort COL, very seldom do any other R2d principles comes into play typically policies and
interests of the state
2. Absent a false conflict, default to the place (state) of the wrong
a. But if there is a false conflict, apply the law of the state that has an interest
c. Application
i. Laws Regulating Conduct
1. Diff states regulate particular conduct differently laws telling you how to behave in a certain context
2. Rule: Always apply the law of the place of the wrong (where the injury occurred)
a. This place will always have the greatest interest in having its law applied
3. Hypo 5: Two New York residents were driving on the interstate in Kansas were involved in an accident there.
If the issue is whether the defendant was driving too fast, should the court apply the New York speed limit of
55 or the Kansas speed limit of 70?
a. Vested Rights Characterize the issue: is the conduct tortious? That is a matter of substantive tort
law, and the vest rights approach says to apply the substantive law of the place of the wrong, so
apply KS law
b. Interest Analysis Look at policies behind respective laws. NY limit of 55 policy is that NY
wants to make sure roads are safe to keep drivers safe. Does NY have an interest in having that
policy effected in this case? Not really, no legit NY interest in regulating safety on KS roads, so
NY policy not affected by KS law. KS law is similar policy, but different determination of what is
needed for safety, and safety is seeking safe roads and driving on KS roads and the accident was
there, so thats the interest that should apply
c. Second Restatement KS law governs.
i. Connecting facts: place of injury and conduct; place of parties domicile; place where
parties relationship is centered
ii. Controlling principles (MSR):
ii. Laws Allocating Loss
1. Rule: Apply the appropriate choice of law approach
2. Hypo 6 (Vicarious Liability) P is employed by an AL railroad company. A fellow RR employee
negligently coupled 2 rail cars in AL. The faulty coupling then injured the P in the course of his employment
as the train traveled through MS. P sues his employer to recover for his injuries. AL law holds employers
liable for injuries suffered by employees in the course of their employment. MS law holds that employers are
not liable to employees for injuries cause by fellow employees. Which law governs Ps action against his
employer?



Sunday, July 13, 14 at 8:02 PM
6
a. Vested Rights
i. Straight forward. Characterize area of law: substantive tort claim, and COL concerns an
issue of substantive law, not procedure. Vested rights says apply place of injury, so MS
law applies, P does not recover from employer
b. Interest Analysis
i. AL Policy: anytime providing recovery one policy is compensation for the victim
compensation for workers. Another is Regulation of the workplace to keep the place safe.
Does AL have interest in having that law applied here? Yes, AL worker injured (exactly
who AL is trying to make sure gets compensated) and employer was AL employer
ii. MS Policy Stopped paying attention
iii. Answer is that AL applies
c. Second Restatement (MSR)
i. Same as interest analysis
ii. Default rule for tort matters law of the place of the injury governs unless some other
place has a more significant relationship
1. Here AL has a more significant relationship, so AL governs
3. Strict Liability vs. Negligence Hypo 7 A NC company manufactures a product that is shipped to MI
where it is purchased and used by a MI consumer. The product injures the MI consumer. The MI consumer
sues the NC manufacturer. Assuming that MI recognizes a doctrine of strict products liability, while NC
requires products liability plaintiffs to prove negligence, which states law should the court apply?
a. Vested rights
i. Apply law of place of injury, so MI law governs
b. Interest analysis
i. NC Policy:
1. What is NC trying to accomplish by making it harder to recover from
manufacturers?
a. Protecting manuf by making it harder to recover
b. Keeping insurance rates lower
c. Encouraging business in NC
2. Does NC have an interest in having those policies applied in this case? Yes
ii. MI Policy:
1. Easier to hold manuf liable. Any time you make it easier to recover, primary
policies are:
a. Compensation for tort victims
b. More regulation and deterrent effect on tortious actor
2. Does MI have interest in applying its law? Yes, protected victim and deterring
unsafe products sold there
iii. So we have a true conflict. Under pure interest analysis, forum court applies its own law
c. Second restatement (MSR)
i. Under default rule, MI law applies
4. Damage Limitations Hypo 8 A MI driver caused an automobile accident in WI, killing a MN resident.
The estate of the MN resident filed a wrongful death action against the MI driver. Assume that WI law limits
recovery in wrongful death cases to $25k, and that MI law does not limit recovery in such actions. Which law
should the court apply on the issue?
a. Vested rights
i. NOTE: courts sometime characterize remedies as procedural, not substantive, and if
thats the case it would lead to a different vested rights rule apply the state of the form
(not the injury)
b. Interest analysis
i. WI Policy for limiting recovery:
1. Protecting D from excessive liability
2. WI has no real interest in protecting MI Ds from excessive liability, especially
since MI doesnt see fit to do so
ii. MI policy for full recovery:
1. When we have full recovery there are 2 policies: compensation and deterrence.
Does MI have interest in applying them here? No bc MN family, no interest in
compensating MN family unless MN does; and no interest in deterring
dangerous conduct in WI especially since WI doesnt want to
iii. Unprovided for case application of neither states law would advance its interest, so
forum applies its own law
c. Second Restatement (MSR)
i. Same interest analysis, then other factors
ii. Other factors that come into play when no state has an interest:
1. Underlying policy of entire field of tort law (compensation and deterrence)
2. Default rule




Sunday, July 13, 14 at 8:02 PM
7
2. Contracts
a. COL contracts issues: enforceability of COL clause, and in the absence of one, whose law applies
b. Contractual Choice of Law Provisions
i. If you enter a K, there may be a clause that says If a dispute ever arises from this K, the dispute will be governed by
the law of State X.
1. If there is such a clause, first step is to determine if that clause is valid and enforceable (usually they are, but
not always)
2. The enforceability varies depending on the contract term to which it applies. Distinguish:
a. Terms the parties could have resolved by explicit provision
b. And terms parties not allowed to have resolved by explicit provision
ii. Issues the parties could have resolved by explicit contractual provisions
1. Ex: gap fillers and terms that deal with construction, interpretation, nature and quality of performance, and
other matters than generally can be controlled by the parties
2. R: Contractual choice of law provisions are always enforceablein regards to gap fillers/things alterable by
contract
iii. Issues the parties could NOT have resolved by explicit contractual provisions:
1. E.g. issues of validity, capacity, and other matters beyond the parties freedom to contract
a. Issues where the parties do not have freedom of contract
b. Mandatory contract rules
2. R: COL provisions still enforceable with respect to those provisions we do NOT have freedom of contract
unless either:
a. (1) The chosen state has no relationship to the parties or the transaction, OR
i. If chosen state has no relationship, the COL provisions is unenforceable as to those COL
clause terms over which the parties normally do not have freedom of contract
b. (2) The chosen law is contrary to the fundamental public policy of the forum state (or a state has a
greater interest in the issue)

iv. Examples
1. Hypo 9: Seller (a Kentucky business) enters a contract to design and install computer software in buyer's
stores throughout the Southeast. The contract provides that all issues arising under the contract shall be
governed by the law of Georgia, the state where buyer's headquarters is located. A breach of warranty dispute
arises concerning installation in one of buyer's stores in Georgia. Does Georgia or Kentucky law govern the
warranty issues?
a. Issue the parties could have resolved by explicit K provision the scope of a warranty buyers
and sellers can provide for whatever warranty they want if they spell it out
b. The parties are saying that rather than spell everything out, theyre adopting the gap fillers of
the state of GA the COL clause is always enforceable on that issue
2. Hypo 9-A: Same case as Hypo 9, except the contract provides that all issues shall be governed by the law of
California, a state that has no relation to the parties or transaction. Is the COL clause still enforceable?
a. Here, since its dealing with warranty issues, any COL clause is valid and enforceable, even one
that has nothing to do with the transaction bc were dealing with an issue the parties have full
freedom of K
3. Hypo 10: P (a citizen of Nevada) and D enter a contract relating to a gambling enterprise in Alabama. Nevada
law deems such contracts as valid and enforceable, but Alabama law deems them void as against public
policy. The contract provides that it is governed by Nevada law. P sues D in Alabama on a claim arising from
the contract. What law applies?
a. Validity of the issue is the validity of the gambling contract, which is not an issue on which the
parties have full freedom of K. AL law says they are void so you cannot contract around that.
b. Rule: Nevertheless, the provision will be valid and enforceable so long as (1) the chosen state has a
relationship to the parties and the transaction and (2) the chosen law does not violate a fundamental
public policy of the forum.
i. Here, NV does have a relationship (party from NV)
ii. But the K and NV law may violate fundamental AL public policy, so AL court can say
they wont enforce it and it is void
1. So go to next step
c. When a COL provision is found invalid or there wasnt one to begin with, go to the next step to determine whose law governs
d. Choice of Contract Law (Absent a Valid COL Clause)
i. Vested rights approach characterize the case as a matter of substantive K law and then
1. Issues relating to a Ks existence or validity:
a. Apply the law of the place where the contract came into existence/was made
i. Where does a K come into existence?
b. That usually is the place where the last event occurred that made the K binding:
i. Where the offer was irretrievably accepted (where utterance of the word accepted)
ii. Verbal acceptance: K comes into existence where acceptance is uttered
1. True even if talking on phone
iii. Mailed acceptance:
1. K comes into existence where acceptance was mailed
iv. Acceptance sent by ones own agent:
1. K comes into acceptance where acceptance was delivered
Sunday, July 13, 14 at 8:02 PM
8
c. Hypo 11: P & D enter a contract in Georgia by which plaintiff sold a painting in Alabama. If
Alabama law requires such contracts to be in writing while Georgia law does not, which states law
determines whether a valid contract of sale exists?
i. Characterize issue: issue dealing with validity & existence
ii. Apply law where K was made: GA governs
iii. GA law says no writing required
d. Hypo 11-A: P in Georgia calls D in Alabama by phone. P says I will sell you designated painting
for $2000. D in Alabama says by phone sold. If Alabama law requires such contracts to be in
writing while Alabama law does not, which states law determines whether a valid contract of sale
exists?
i. Where was K made? Wherever acceptance was uttered, which was in AL on the phone,
so K was made in AL and thus AL law governs
ii. So K must be in writing to be valid, and since it wasnt there is no valid K
2. Issues relating to performance
a. Rule: Apply the law of the place of performance (where performance was expected to be made)
i. E.g. time, place and manner of performance and excuses for nonperformance
b. Hypo 14: P and D enter a contract in Georgia by which D is to perform certain services in North
Carolina. P sues D alleging that D failed to perform to the standards specified in the contract.
Which states law governs the adequacy of Ds performance?
i. Characterize the case: matter of substantive K law dealing with performance, so place of
performance law controls
3. Contracts Affecting Title to Land
a. Rule: Apply the law of the state where the land is located

ii. Second Restatement (MSR)
1. Rule: Identify the state with the most significant relationship to the issue by:
a. Identifying states having relevant contacts
i. Place of contracting, negotiation, and performance; location of the subject of the K; and
parties home states
b. Analyze the applicable policies and state interests
i. What is the policy behind a particular states law?
ii. Do they have an interest in having it applied to this case?
c. Analyze other relevant R2d factors:
i. Protecting justified expectations;
ii. Certainty, predictability, and uniformity of result
d. If answer is ambiguous, apply default rule the place (state) where K was entered or performed
3. Procedure
a. General Rule
i. Vested Rights
1. Rule: Forum always applies its own laws on matters of procedure
a. Procedural matters The following were traditionally regarded as procedural and thus governed
by the law of the court:
i. Civil practice rules
ii. Burdens of proof, and
iii. Direct action statutes
iv. How long you have to answer; how long to conduct discovery
b. Substantive matters The following were traditionally regarded as substantive and thus governed
by the law that governs the validity of the K/where the injury occurred:
i. Statutes of fraud
ii. Parol evidence rule

ii. Second Restatement and Interest Analysis
1. Rule: Analyze policies & interests and identify the state having the most significant relationship to the issue
a. Use same analysis from tort: look at policy behind both potentially applicable rules and see if it has
interest in being applied in this case
b. BUT, for rules of procedure, the forum will always have its interest applied if for no other reason
that efficiency and ease of administration of justice. Other states will not have their interests
advanced by having their procedural rules applied in other states
b. Statutes of Limitation tricky procedural issue that frequently arises
i. SoL fall at the intersection of substantive and procedure: they seem procedural but have a huge affect on outcome and
therefore can be substantive
ii. Hypo 12: A traffic accident occurs in Ohio involving Otto (a resident of Ohio) and Mick (a resident of Michigan). Otto
sues Mick in a Michigan court. The claim is barred under Ohios statute of limitation but not under Michigans. What
result?
1. As a matter of substantive law law of place of accident; if procedural law of place of forum.
2. With SOL, there are statutes that govern the choice of law borrowing statutes
iii. Borrowing statutes generally provide that the shorter of 2 potentially applicable SoL apply
1. BS usually provides that a forum will borrower the shorter SOL of the place where the CoA arose if that
place has a SOL that is shorter than the forums
Sunday, July 13, 14 at 8:02 PM
9
iv. Choosing the applicable SoL when the Borrowing Statute does NOT apply
1. Vested Rights Rule SoL are matters of procedure so the forum state always applies its own SoL
a. Forum always applies its own SOL bc its deemed a matter of procedure
2. Interest Analysis Look at policies behind potentially applicable SOL
a. Policies behind SOL:
i. Avoid having stale claims (too old) in court system
1. Protect courts from stale claims
ii. Provide repose for defendant
1. At some point, D wants to be able to say its in the past and they are no longer
liable for it
b. MIs interests are advanced, bc they dont deem the claim stale, nor does it believe time for Ds
repose has yet to arrive
i. MI does have an interest in applying its longer SOL
c. Ohio has same policies, but has no interest in having its shorter SOL apply
i. First, it has no interest in protecting MI courts from what Ohio deems to be stale
ii. Likewise, Ohio has no interest in protecting a MI defendant
d. False conflict so apply MI
3. Second Restatement
a. First, use interest analysis
i. Forum state will generally have a greater interest and more significant interest to the
claim, so typically end up applying forum law

The above are the most common scenarios. The following types of cases are similar and the only thing that differs is the vested rights rule. With the
following, if youre using interest analysis or second restatement, treat the same as tort or contract (look at policy, does the forum have that interest
advanced).

4. Real Property
a. Vested Rights Rule
i. Apply the law of the place where the land is located (the law of the situs)
b. Second Restatement and Interest Analysis
i. Policies of conflicting laws
ii. Do they have interest in having them applied?
iii. Almost always leads you to result of law of the situs bc it almost always has the greatest interest

5. Conveyance of Personal Property (other than upon death or divorce)
a. Vested Rights Rule
i. Apply the law of the place where the property is situated at the time of the pertinent transaction (i.e. the law of the
situs)
1. Where was that personal property at the time of the transaction? Apply that law if the state uses the vested
rights
b. Second Restatement and Interest Analysis
i. What are the laws? What are the policies behind them? Does each state have an interest in having them applied?
ii. Situs almost always prevails
c. These issues often dont come up bc of the UCC

6. Decedents Estates passage of property upon the death of the owner
a. Real Property who gets land upon death of the owner?
i. Vested Rights Apply the law of the place where the land is located (law of the situs)
ii. Second Restatement and Interest Analysis
1. Same result, different analysis
2. Look at laws, policies, and interests
b. Personal Property of the decedent. When a decedent dies,
i. Vested Rights Apply the law of the decedents domicile at time of death
1. Different than above
2. True whether with a will or intestate
ii. Second Restatement and Interest Analysis
1. Look at laws, policies, and states respective interests
c. Hypo 13: Michelle, a domiciliary of Michigan, dies in an accident in New York. At the time of her death, Michelle owned: (i)
$100,000 deposited in a Maryland bank; (ii) a car located in New York, and (iii) land in Texas. Which states law governs the
disposition of Michelles property by will or by intestate succession?
i. Can only apply vested rights approach here because we arent given the laws of the states
ii. Under VR, the money and the car (personal property) pass pursuant to her domicile, so pursuant to MI law
iii. Under VR, the land in Texas passes pursuant to the law of the situs, so TX law governs it

7. Corporations
a. Internal Affairs Doctrine
i. Vested Rights Rule Internal affairs governed by law of state of incorporation (think about it, this is why you
incorporate in Delaware)
1. Apply the law of the state of incorporation to issues relating the internal affairs of the corporation
Sunday, July 13, 14 at 8:02 PM
10
a. Matters concerning the corps creation, its dissolution, its internal affairs, and the liability of its
officers and directors to shareholders
ii. Second restatement and interest analysis
1. Yield the same result
2. Look at conflicting laws, policies, and interests. BUT when going through interest analysis & internal affairs,
state of incorporation will almost always have biggest interests bc the corporation is a creature of state law,
so its interests should be applied
iii. Hypo 14: Aircraft, Inc., which manufactures jet airliners, was incorporated in Delaware. Its primary production
facilities are in Washington, and its headquarters are in Illinois. Shareholders in Washington and Illinois file an action
against Aircraft and its directors claiming that their right to vote on the selection of corporate directors had been
abridged. What law governs those claims?
1. Vested Rights
a. Substantive corporate law concerning internal affairs, so internal affairs doctrine says apply law of
place of incorporation so apply DE law
2. Interest Analysis
a. Policies behind applying lay of state of incorporation:
i. State of incorporation has a huge interest in the internal affairs and how they are played
out bc the corp is a creature of its law
ii. Also serves important interests in certainty and predictability
1. Dont want obligations of SH and directors to vary from state to state
depending on where it does business. State of incorporation helps protect those
interests
iii. Applying law of state of incorporation also protects justified expectations
1. One would expect that when they create a DE corp that the obligations of
directors would be set by DE law
3. Second Restatement (MSR)
b. External Relationships
i. A corporations relationships with third parties (contracts, tort, etc.) are governed by general COL rules
ii. Hypo 15: A truck driven by an employee of Aircraft, Inc. struck Paul Plaintiff in Seattle. Paul filed an action against
Aircraft under the doctrine of respondeat superior, seeking damages for the truck drivers negligence. What law
governs Plaintiffs claim?
1. Not dealing with internal affairs, but instead the corps external relations with the P
2. Vested Rights
a. VR would say dealing with a matter of substantive tort law, so WA applies bc its the location
where the injury occurred
3. Interest Analysis
a. Which state has greatest interest in having its laws applied?
b. Not sure here without know the conflicting laws
4. Second Restatement (MSR)
a. Which state has MSR to the event and the parties? But also look at default rule (law of place of
injury usually has MSR but sometimes another state does)

8. Marriages and divorce
a. General Rule A marriage that is valid where it was created/celebrated is valid everywhere
i. As long as it is valid where it is celebrated, it will be recognized in other states
b. Public Policy Exception If a marriage would violate a prohibitory rule (rule that expressly disallows certain marriages) of a
state then it may not be recognized in that state even though it was valid where it was performed

9. Principles that may preclude application of foreign law
a. Public Policy
i. Exception: A court may decline application of another states law if that other law violates the forum states
fundamental public policy
1. In other words, a state may go through a COL analysis, decide that State As law should apply, but then
decide that State As law violates a fundamental public policy of this state, so we are declining to apply it
2. Doesnt kick in just bc the other states law is different, but only when it violates a fundamental notion of
policy
a. Fundamental notion of justice, not just a different notion of law
ii. Hypo 16: D incurs a gambling debt to P. The debt arose and was payable in Nevada, but P filed an action on the debt in
Alabama. If Nevada law deems such debts enforceable as a matter of contract and Alabama law deems such contracts
as void because they are against public policy, what result?
1. VR would say AL court should apply the law of the place where the contract was made (NV), and NV deems
them valid and enforceable
2. But AL may decline to apply NV law if it deems NV law to violate fundamental public policy
b. Penal and Tax Laws
i. Penal laws laws that relate to punitive damages and also laws actually have as their purpose and result the
punishment of the defendant
ii. Vested Rights
1. Provides that a state will not enforce another states penal or tax laws
iii. 2nd Restatement
Sunday, July 13, 14 at 8:02 PM
11
1. Allows the enforcement of penal and tax law of other states, but most states still actually refuse to do so

VI. Domicile
1. The Concept
a. Domicile is where Ones true, fixed home is located
b. The fixed place where you live
2. Role
a. Domicile serves many purposes and may appear on the exam in several ways
b. Choice of law for Decedents Estates
i. The law of the decedents domicile at time of death governs passage of personal property (both by will or intestate
succession)
c. Subject Matter Jurisdiction for Divorce
i. Domicile is relevant to a court having SMJ so the court can enter a divorce decree
ii. Hypo 17: Susie was tired of her husband and decided to shed him so that she could marry her personal trainer. She flew
to Los Angles, obtained a domicile there and was granted a divorce in the California courts. Her husband did not go to
California with her and has never set foot in California. Was her divorce valid?
1. Yes, provided Susie established a valid domicile in CA.
a. Rule: As long as a state is the domicile of one of the spouses, that sate has jxdn to enter a divorce
decree
2. Note: While Susies domicile in CA empowers CA courts to grant divorce, CA lacks power to order a
property settlement, alimony, or child support without obtaining personal jurisdiction over her husband
3. Determining Domicile
a. Domicile of Choice general rule
i. Rule: The domicile of a person having legal capacity is the place of the individuals chosen home
ii. Requirements Establishing a new domicile of choice requires simultaneous
1. 1) Physical presence in a place, AND
2. 2) Intent to remain for the foreseeable future (i.e. indefinitely)
3. Physical presence in a place and Intent to make that place home for the foreseeable future
iii. Application
1. Hypo 18: Mick (a domiciliary of Michigan) sells his house, packs up his worldly goods, and hits the road to
move permanently to sunny. Unfortunately, he is killed in Georgia while en route. What was Mick's domicile
at the time of his demise?
a. He was still a domiciliary of MI. That was his previous domicile.
b. In order to create a new domicile, he must be physically present and must intend to make that place
his new home.
i. FL never became his new home bc he was never physically there, even though he
intended to make it his home must be simultaneous
c. If he was in FL at some prior time, but at that time he may not have had the intent to make it his
home
d. Must be simultaneous
2. Hypo 19: Jack decided to leave Manhattan and move to Newark, New Jersey where housing costs were less.
He rented an apartment in Newark and took his belongings there in a U-Haul trailer. When he finished
unloading his belongings into the apartment, Jack discovered that the heat and electricity had not been turned
on. Since it was late, Jack decided to return to his Manhattan for the night. Although the Manhattan
apartment was empty and he had to sleep on the floor, Jack thought that better than staying in the dark,
unheated Newark apartment. During the night, a fire swept through the Manhattan apartment building, killing
Jack. Where was Jacks domicile when he died?
a. Answer: Newark. He went to the apartment in NJ, moved his stuff there, and while there he
intended to make his home for the foreseeable future. Accordingly, we have the 2 requirements to
make that his domicile
b. Domicile by operation of law
i. If a person lacks legal capacity, a domicile will be assigned by operation of law
ii. Children assigned the domicile of their parents (custodial parent)
iii. Incompetents who are incompetent from birth retain the domicile of their parents
1. People who previously had capacity, established a domicile of choice, and later became incompetent are
deemed to retain the domicile of choice

VII. Recognition of Foreign Judgments

1. Role and Significance
a. If a judgment has been entered by another state or country, what effect will a given forum give that judgment
b. The judgment of one state or country may become important in another state or country for a number of reasons:
i. P got a judgment in another state/country and they brought it to a second state/country to enforce it
ii. A party in the case in the second state/country claims the judgment previously rendered in another state/country should
have res judicata effect in the current pending action
c. In both of those, the court has to determine what effect it will give to that judgment rendered by another state/country
d. The effect given varies depending on whether the judgment comes from
i. a sister American state,
ii. a federal court, or
Sunday, July 13, 14 at 8:02 PM
12
iii. from another country altogether

2. Judgments of the Courts of Sister American States governed by US Const
a. The Full Faith and Credit Clause
i. Rule: The FF&CC requires the courts of a state to give the same effect to the judgment of a sister states court that the
rendering court would give it
1. Every court in America must give a NC judgment the same effect NC would give it
2. State courts must give the same effect as the court that rendered the judgment
ii. Exceptions to FF&C:
1. Lack of J urisdiction
a. FF&C is NOT required if Court #1 lacked jurisdiction (personal jxdn over the D or SMJ)
b. Note: If jxdn was already litigated in Court #1 (the court that entered the judgment), the party that
litigated it in Court 1 cant re-litigate it in Court 2
2. Lack of Finality
a. FF&C only applies to final judgments of the rendering court
i. Final judgments is defined pursuant to the law of the court that rendered the judgment
b. One big class of outcomes that do not get FF&C bc they lack finality: equitable decrees are
typically never final never final bc the court that enters the decree retains jxdn to go back and
modify the decree
i. So FF&C does NOT require CO courts to give FF&C to a NC injunction
ii. Note: This just means the constitution does not require court 2 can still choose on its
own policy to give effect to it
3. J udgment was not on the merits
a. Small exception
b. Many judgments are on the merits even though they are not based on the underlying facts and the
application of law to those facts any judgment the courts determine should be binding to the
parties are deemed on the merits and therefore receive full faith and credit
c. ONLY judgments not on the merits are really judgments on procedural grounds (e.g. improper
joinder or lack of jxdn)
i. Pretty much everything else is on the merits
iii. Examples
1. Hypo 20: P sued D in Nevada for payment of a gambling debt and obtained a final judgment. P now seeks to
enforce the judgment in Alabama. Assume that Alabama law refuses enforcement of gambling debts because
gambling is against public policy. Must Alabama enforce the Nevada judgment?
a. YES its final, on the merits, and NV had jurisdiction. Thus, FF&C kicks in and AL is
constitutionally required to give the same effect that NV would give it. AL cant look behind the
judgment and say it doesnt like the underlying policies and law that led to the judgment
b. Once theres a judgment, it must be given effect unless one of the 3 exceptions apply
2. Hypo 21: Al (a citizen of Alabama) causes an accident in Birmingham, injuring Tina (a citizen of Texas).
Tina sues Al in a Texas court. She obtains a default judgment when Al does not appear. Tina seeks to enforce
the judgment in an Alabama court. What result?
a. Al can attack the TX judgment and argue that it does not get FF&C bc the Texas court lacked
jurisdiction in this case, it lacked personal jxdn over Al. If the AL court agrees the TX court
lacked PJ bc he had insufficient contacts, then AL court can refuse to give effect to that judgment
3. Hypo 21-A: Same case as Hypo 21, except that Al appeared in the Texas court and contested the court's
jurisdiction over him. The Texas court ruled, nonetheless erroneously, that it did have jurisdiction. Al then
did not appear further, and the court entered a default judgment. What result when Tina seeks enforcement in
a Alabama court?
a. The TX judgment receives FF&C and the AL court is constitutionally required to give effect to it in
AL courts
b. He litigated it in TX and cant re-litigate it
c. His remedy if he thought TX erred in finding against him is to appeal in TX
4. Hypo 21-B: Same case as Hypo 21 except that the accident occurred in Texas. Tina obtained a default
judgment in the Texas court without Al appearing. What result when Tina seeks enforcement in an Alabama
court?
a. AL can appear in the AL court and contest the jurisdiction issue (whether TX has PJ over him) bc
he has not litigated it before

iv. Defenses to Enforcement of Judgments (rarely apply, particularly on bar exam)
1. Penal judgments are NOT enforced
a. A penal judgment is one imposed as punishment for an offense against the public
b. Not punitive damages
2. Extrinsic Fraud (when recognized as a defense by the rendering state);
a. Fraud by a party or her attorney that caused the other party not to present a case fully or to comply
with procedural requirements in the prior action
i. Defense to FF&C if it is a defense in the state that rendered the judgment
b. Intrinsic fraud (e.g. use of perjured testimony in the prior action) is not a defense

3. Federal District Courts and State Courts
Sunday, July 13, 14 at 8:02 PM
13
a. Trying to get a state court judgment to apply in federal courts or trying to get a federal court judgment to apply in state courts
b. While the FF&CC does NOT apply, federal statutes require similar recognition of judgments between state and federal courts
i. Federal statute does exactly the same thing as the FF&C of the constitution
ii. Same requirements, same exceptions

4. Judgments of Foreign Countries
a. State law typically still governs (absent an applicable treaty)
i. If in a FL court and someone is trying to enforce a French judgment, its FL law that determines what is done with that
French judgment unless a treaty is on point and applies (which one rarely does)
b. Comity
i. Most states will enforce foreign country judgments on grounds similar to the way they enforce other state judgments
ii. In order to enforce a foreign country judgment, we require that that foreign court had
1. (1) jurisdiction (over the parties and the subject matter), and that
2. (2) the foreign court had regular and just proceedings
a. Dont have to use jury trial and discovery. Simple enough that the other country used regular and
just proceedings that are fair and just US recognizes that other systems work too
3. Third requirement imposed only by some states
a. Some states require reciprocity some states say that they will only give effect to another
countrys judgment if that country would give effect to their judgment
c. Uniform Foreign Money-Judgments Recognition Act
i. Act treats foreign countrys money judgments much like sister state judgments, but it does not apply to judgments for
taxes, penal judgments, or judgments for alimony or support.
ii. Enforce foreign country judgments unless there is no jxdn, not final, or not on the merits

5. Family Law Judgments (Three Kinds) these are treated differently between the states
a. Judgment of Divorce doesnt deal with property or with children just divorce
i. In order for judgment to receive FF&C, the rendering court must have had subject matter jxdn.
1. SMJ Jurisdiction is satisfied if one spouse was domiciled in the state that rendered the divorce decree
ii. Hypo 22: Liz and John are married and live in New York. Liz wants out of the marriage. She thus moves to Las Vegas,
establishes a valid domicile there, and gets a divorce. Her husband was neither domiciled in Nevada nor subject to
personal jurisdiction there. Is Lizs divorce a valid one that other states will recognize?
1. Yes. NV had smj to grant the divorce bc one spouse was domiciled there doesnt matter that one spouse
didnt live there nor did the court have PJ over them
b. Judgment for Alimony and Property Rights (grants divorce and then some)
i. To receive full faith and credit for judgments relating to marital property and money, the rendering court must have
personal jurisdiction over the spouse whose rights are being determined
c. Child Custody Decrees
i. Uniform Child Custody Acts provide that a states custody decree will be recognized by other states if that state
qualifies as the childs home state
1. Is the state that rendered the decree the childs home state? If so, it will be recognized by the other states
d. The Divisible Divorce Doctrine
i. Scenario: decree does all 3 of the above: grants divorce, divides alimony, and determines custody
1. Some may be valid but others may not be (e.g. for lack of PJ)
ii. Rule: If a decree has some parts that are valid and must be recognized and some parts that are not, then you recognize
the good parts and ignore the bad
e. Hypo 23: Liz and John were married and lived in Connecticut. John began having an affair with his secretary and moved out of
the couples Connecticut house to an apartment in Manhattan. Liz decided to move to Nevada and get a divorce. She rented a
house in Vegas and declared domicile there. Upon her petition, a Nevada court granted her divorce and awarded her alimony.
What parts of the Nevada decree, if any, are valid?
i. The divorce decree valid bc the NV had SMJ; she was domiciled in NV so they had SMJ
ii. Alimony NOT valid bc NV lacked PJ over John

VIII. Answering a Conflict of Laws Question on the Bar Exam
1. Recognize a conflicts issue
a. Conflict of laws not tested on every bar exam (just every few), so recognize when it creates a conflicts issue
b. If the Q involves parties and/or events that are in more than one state, probably have a conflicts issue
2. Jurisdiction
a. Applicable long arm statute (personal jurisdiction)
b. Due process analysis (contacts & fairness)
3. Choice of law (case touches more than one state and have to determine whose law applies)
a. The array of approaches
i. Vested Rights
ii. Interest Analysis
iii. Second Restatement (Most Significant Relationship)
b. Contract cases 2 issues that must be addressed
i. Choice of law clauses
1. Determine the enforceability of any choice of law clause
ii. Absence of choice of law clause/or it isnt enforceable
1. Note the absence of a COL clause.
Sunday, July 13, 14 at 8:02 PM
14
a. If Q doesnt mention COL clause in a contract, let the bar exam know youre looking for it and
apply the approaches
2. Then note and apply the First Restatement Rule and analyze the choice under govt interest analysis and the
Second Restatement
3. Analyze other approaches as time permits
c. Other Cases
i. State and apply the vested rights rule
ii. Then analyze the choice under Interest Analysis and the Second Restatement
d. Questions with insufficient facts
i. Unlikely
ii. Ex: Plane flying from IL to NY and the plane crashes in PA. What law applies to the plaintiff passengers tort action
against the airline?
1. Under some approaches to COL, you cant answer that bc you dont have enough information
2. Say: We do know whose law would apply to the states that apply the VR approach, which says in tort law
you apply the law of the place where the injury occurred. Plane crashed in PA so thats where injury occurred
so PA law applies.
3. But then you cant apply Interest/R2d bc you have to know the law to apply those approaches
a. In that situation, describe how the other approaches work, note you cant fully analyze them
without the law, and move on
4. Recognition of foreign judgments know that the rules differ depending on who entered the judgment
a. Judgments of Sister-State Courts
i. Note Full Faith and Credit Clause of the Constitution applies and controls
ii. Check for Applicability of Exceptions
1. Jurisdiction
2. Lack of finality
3. Not on the merits
iii. If no exception, FF&C requires recognition
b. Judgments of Federal Courts
i. Note constitutional FF&C does not apply, but that statutory equivalent applies
ii. Note statutory equivalent of FF&C
iii. Check for Applicability of Exceptions
c. Foreign-Country Judgments
i. Note the applicability of state law, absent an applicable treaty
ii. Note and apply the concept of comity
1. Most states will enforce the judgment so long as there was jxdn, fair and regular proceedings, and perhaps
reciprocity
iii. Note and apply the Uniform Foreign Money-Judgments Recognition Act
d. Family Law Judgments & Decrees validity and enforcement depends on type of decree
i. Divorce domicile in rendering court (SMJ)
ii. Property & Alimony require PJ over property affected
iii. Child Custody valid if rendering court was childs home state